Advocate -- an individual from a crisis center who works with victims and survivors of domestic and sexual violence, providing confidential, emotional support and assistance with legal, social service and medical issues.
Aggravated Felonious Sexual Assault -- sexual penetration, however slight, into any opening (vagina, mouth or anus) against a person's will (without consent).
Alimony -- payment of financial support from one spouse to another.
Annulment -- a court process establishing that a marriage never legally existed. This differs from a divorce in that a divorce terminates a legal marriage.
Arraignment -- procedure when the accused is brought before the court to plead to a criminal charge. He or she may plead guilty or not guilty.
Bail Conditions -- rules that a person who has been released on bail must follow. If these conditions are not met, bail will be revoked.
Bail Order -- an order directed to a person who has been placed under arrest for a crime, requiring him or her to pay a monetary amount to ensure he or she appears in court.
Child Support Guidelines -- guidelines used by the court to determine the amount of child support the non-custodial parent should pay to the custodial parent.
Civil Annulment -- see Annulment.
Closed Session -- a hearing which no one is allowed to attend except for the grand jury. The grand jury hears the evidence presented by the County Attorney's office against the defendant. The defendant is usually not present.
COBRA Law -- a federal law which requires companies to allow former employees to remain on the company's insurance for 18 months, or until they find a new job, during which time the employee pays 100% of the insurance premium.
Common-Law Marriage -- a relationship in which a couple lives together as though they are married, without having gone through a legal ceremony.
Compensation -- financial reimbursement for any damages and suffering that a victim may have received as a result of abuse. This can be sought through civil action against the abuser.
Contempt -- when a court order is willfully and knowingly violated.
Contested Divorce -- a divorce where the parties are unable or unwilling to come to a mutual agreement.
County Attorney -- an attorney employed by the county who prosecutes felony cases in the Superior Court.
Crime Against the State -- once a crime has been reported to the police and an arrest has been made, the decision of whether the case goes forward is up to the police and prosecutor.
Crisis Center -- a program established to provide free 24-hour confidential, emergency support and assistance, 7 days a week, to victims of domestic violence and sexual assault, regardless of age, race, gender, sexual orientation, economic status, physical or mental ability, and political or philosophical beliefs.
Custodial Parent -- parent with whom the children live.
Defendant -- the person who is accused of a crime.
Department of Justice -- headed by the Attorney General, the Department of Justice acts as the chief law enforcement officer and prosecutor for the state of New Hampshire.
Disposition -- final settlement or sentencing of a criminal case.
Discovery -- process by which a party is granted the right, by the court, to have access to information needed for a court case, including access to income and assets information in divorces and other support cases.
Domestic Violence Protective Order -- an order, placed by the courts, available to someone who has been subject to actual or threatened physical violence by a family or household member, or a current or former intimate or sexual partner.
DOVE Project -- free legal representation for final protective order hearings under RSA 173-B accessed through domestic violence and sexual assault crisis centers.
Emergency Protective Order -- a protective order that can be obtained when the courts are closed. The process can be completed by contacting local or state police. They will fill out the necessary paperwork and contact a judge via telephone.
Equality Wheel -- an illustration of the concepts of equality and non-violent behaviors and interactions in a relationship.
Equitable Powers -- the power by the Supreme Court to make fair orders.
Equitably -- fairly.
Ex Parte -- a party can request emergency assistance of the courts under circumstances where it is not possible or advisable to notify the other party before the court considers the request. A hearing where both parties can be present is scheduled very quickly thereafter.
Family Division Court -- a pilot project in Rockingham and Grafton Counties in which families are assigned to one Family division judge or marital master. These judges have been specially trained to find prompt and fair resolutions to family issues. At this time, Family Courts are granted jurisdiction over the city or towns formerly covered by the District Courts in these counties.
Fault Grounds -- claims in a divorce proceeding that, when a spouse alleges to have been a good and faithful spouse, the other party had committed one of approximately nine different faults that caused the breakdown of the marriage.
Felonious Sexual Assault -- often referred to as the "statutory rape law" involving relations with someone between the ages of 13 and 16. The legal age of consent in New Hampshire is 16. Felonious Sexual Assault also includes sexual contact which causes serious bodily injury and sexual contact with a person under 13 years of age.
Felony -- a criminal offense punishable by more than one year in jail and/or a monetary fine of more than $1000.
Good Cause -- a custodial parent receiving public assistance or Medicaid can claim good cause not to have child support established if the parent can verify that cooperating with the Office of Child Support is not in the best interest of the child (for example, if there is risk of physical or emotional harm to the parent or child).
Grand Jury -- a group of 12-23 citizens whose duty it is to hear the evidence and accusations that have been made against the defendant, and decide whether there is enough evidence to bring the case to trial.
Guardian Ad Litem -- someone appointed by the court to represent minor children in a contested divorce. The "GAL" investigates and makes recommendations to the court on child custody issues.
Hostile Working Environment -- work site where victim is subject to repeated unwelcome sexual comments, innuendoes, and touching which alter conditions or interfere with school or work performance, as well as access to opportunities the institution provides.
Hung Jury -- a jury unable to make a unanimous decision in a trial.
Impound -- to take into legal custody.
Indictment -- a formal charge against the defendant, if a Grand Jury believes a crime has been committed.
Joint Legal Custody -- a custodial decision where both parents are granted the same rights in making medical and educational decisions for their children, have access to the children's records and are fully involved in the children's upbringing.
Jurisdiction -- the cities or towns over which a court has power to hear cases.
Legal Advice & Referral Center (LARC) -- a legal service which provides free information, legal advice and referral services to low-income persons in the areas of family law, local welfare, and housing.
Lawyer Referral Service -- a legal service which provides legal information and referrals to attorneys statewide.
Legal Separation -- a court order arranging the terms (custody, support, etc.) under which a married couple will live separately. This addresses the same issues as divorce, but does not allow remarriage.
Libel for Divorce -- a document stating the basic history of a marriage, the reason for the divorce, and the requests being made of the court.
Marital Estate -- all of the belongings of a married couple, including assets (e.g., property, automobiles, household goods, etc.) and debts.
Marital Master -- a judge-like official who hears matters of domestic related cases.
Mediation -- a non-adversarial process in which a neutral third party acts to encourage and help disputing parties reach a mutually acceptable agreement. May not be a good option when domestic violence is present.
Misdemeanor -- a criminal offense punishable by a monetary fine, and/or a jail sentence of one year or less.
New Hampshire Victims' Assistance Commission -- an appointed board that awards monetary compensation to victims and survivors of violent crimes. Compensation can be sought for such things as hospital or medical expenses, funeral expenses, loss of wages, or other out of pocket expenses.
No-Fault Grounds -- a divorce in which irreconcilable differences are cited as the cause for the ending of the marriage.
Non-Custodial Parent -- a parent who has been awarded visitation by the courts.
Orders of Notice -- notice ordered by the court requiring the party who filed for divorce to ensure that the other party is served by a sheriff with the libel for divorce.
Paternity -- the relationship of a father.
Permanent Stipulation -- a final agreement settling a divorce dispute.
Plaintiff -- a person who begins a court action.
Plea Bargaining -- the process where the accused in a case and the prosecuting attorney work out a mutually satisfactory agreement, which then goes before the court for approval.
Power and Control Wheel -- a wheel diagram which describes aspects of abusive behaviors related to power and control issues.
Pre-Sentence Investigation -- an investigation of the defendant's past behavior done by a probation officer for the benefit of the court. This information is used in considering the terms of the defendant's sentence.
Primary Physical Custody -- a custody arrangement where the children live predominantly with one parent.
Pro Bono -- free legal representation.
Pro Se -- representing oneself in a court action or procedure.
Probable Cause Hearing -- a hearing in which it is determined as to whether or not there is enough evidence to go forth with a criminal trial.
Protective Order -- see Domestic Violence Protective Order.
Rape Drug -- a drug, such as GHB or Rohypnol, which is used to render someone helpless or unconscious for the purpose of committing a sexual assault.
Reduced Fee Referral Program -- a legal service which provides statewide referrals to qualified individuals who can afford to pay something for an attorney's services, but who cannot afford an attorney's regular fees.
Residual Physical Custodial Rights -- visitation.
Revised Statute Annotated -- Abbreviated as RSA, these are the complete compilations of New Hampshire's statute law.
SCOPE -- a bi-monthly workshop offered by Superior Courts to provide answers to legal processes and procedures related to divorce, child custody and child support.
Sentencing Hearing -- a hearing to reveal the sentence of the accused in a criminal case.
Sequester -- to set apart.
Sexual Assault -- formerly known as "rape," sexual penetration, however slight, with someone against his or her will or without consent.
Sexual Assault Medical Exam -- a physical, gynecological exam performed to make sure the victim of a sexual assault is not physically hurt, and to collect evidence of a sexual assault.
Shared Physical Custody -- custody agreement where the children spend half of their time living with one parent and half with the other.
Sole Legal Custody -- custody arrangement where one parent has all the decision making power for the child.
Statute of Limitations -- a declaration that no case will be brought forward after a certain amount of time (statutes vary depending on the type of crime).
Stipulation -- a legal agreement.
Telephonic Order -- an emergency protective order received at a police station, approved by a judge over the telephone.
Temporary Court Order -- a court order which is to last for a set, limited amount of time.
Temporary Protective Order -- a protective order which lasts for up to 30 days, or until the final hearing.
Tort Lawsuit -- a civil suit in which one sues another party for pain and suffering, or damages rendered.
Uncontested Divorce -- a divorce where both parties are able to make a mutually agreed-upon arrangement.
Unwelcome -- conduct not wanted or not willingly permitted.
Victim Compensation -- see Compensation.
Victim's Assistance Commission -- see New Hampshire Victim's Assistance Commission.
Victim/Witness Advocate -- advocates available through the prosecutor's office to assist victims with criminal processes.
Back to
Table of Contents